Inferences with new set of facts o 13 and he is a boy scout o HYPO on Miller FACTS: A 13 year-old boy walks into

o the police station with a pair of mens' underwear that have rusty red stains. The boy was riding a dirtbike in the brush by the Meadowbrook Pkwy. and fell. The crime took place in downtown Hempstead. He saw a shady looking man walking across the area, and he is looking around a lot and the man is wearing a trenchcoat and baseball hat and Mccoy cant see features really well. The man is seen putting a bag into a bush. He looked in the bag and found the shorts. He runs to the police station and The boy is shown pictures and ID's the man from pictures as the defendant. The kid says it looks like him the D This testimony lays the foundation for introducing the shorts. The condition of fact is something to prove it is his shorts The logical inference that the blood was hers comes from the man going to great length and inconvenience to dispose of the underwear. Who would go to such efforts? There must be something to get someone in a lot of trouble, begging the question of what happened around here recently to someone with type-A blood? What kind of horrible thing that caused type A blood to be on mens shorts in the area Logical relevance back wards you usually aruge it forward Whether or not the boy is mistaken is an issue for credibility. Is it a little more likely that the shorts were his yes it is a little more likely \ Once the shorts are admissible then it is introducible that it is a little more likely it is her blood o Rule 104. Preliminary Questions (a) Questions of admissibility generally. Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of subdivision (b). In making its determination it is not bound by the rules of evidence except those with respect to privileges. (b) Relevancy conditioned on fact. When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition. (c) Hearing of jury. Hearings on the admissibility of confessions shall in all cases be conducted out of the hearing of the jury. Hearings on other preliminary matters shall be so conducted when the interests of justice require, or when an accused is a witness and so requests. (d) Testimony by accused. The accused does not, by testifying upon a preliminary matter, become subject to cross-examination as to other issues in the case. (e) Weight and credibility. This rule does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility. o Should the jury be allowed to see/examine the blood to confirm that it is blood? A problem is that old dried blood looks like a lot of things, like paint and rust. Laypeople can't really tell if it is blood. o Therefore, expert testimony is necessary.